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Posted: 4/25/2014 6:35:07 AM EDT
A suit has been filed in the 7th Judicial Circuit Court in Sangamon County on behalf of Matthew Thomann, Samuel Finnigan, Deanna Knoll, and IllinoisCarry members.
The suit was filed in an effort to gain Due Process for those who have been denied a CCL by the CCL Review Board without the opportunity to know why they were denied, no opportunity to provide witness or testimony on behalf of themselves, no opportunity to appeal to the CCL Review Board for a review of the denial.
The suit asks the court to issue an order reversing and remanding the denials to the ISP for proceedings that comport with the requirements of due process of law.
Link to documents on IllinoisCarry:
To view document
Link Posted: 4/25/2014 8:38:56 AM EDT
I feel a little bit redeemed that the big dogs taking on the ISP agree with my assessment
that this is a violation of procedural due process the way it is set up.

It seems like what we need is a two step procedure before the review board:

1) Preliminary determination by the board whether they find any foundation
in the objection by LE. If they don't great.

2) If they find LE makes a prima facie case for denial in the initial review
set a hearing before the board in which the applicant is provided with the details
of the objection, and provided an opportunity to respond either in writing, or
by appearance before the board.

Good luck with the lawsuit, and keep up the good work.
Link Posted: 4/25/2014 12:07:20 PM EDT
Thanks....Due to our involvement in the case, we can't make much comment...There has been a lot of work gone into this so far.
Link Posted: 4/25/2014 2:39:49 PM EDT
Link Posted: 4/26/2014 2:07:36 AM EDT
Link Posted: 4/27/2014 4:47:14 AM EDT
Link Posted: 4/27/2014 11:26:11 AM EDT
How will this affect those of us who have already filed appeals? I filed my appeal on Apr. 25th. Will my appeal get wrapped up in this lawsuit? Will they have to fight each appeal separately from the lawsuit? How is this going to work?
Link Posted: 4/27/2014 12:36:31 PM EDT
Link Posted: 4/27/2014 4:50:23 PM EDT
We don't know for sure how this will affect current appeals...And I hate leaving you guys hanging but, we can't make much in the way of speculation or statements because of the law suit. Sorry couldn't be more forthcoming....and have more to come forthcoming with.
Link Posted: 4/28/2014 6:28:11 PM EDT
Fantastic job!! Keep up the good work and press on.
Link Posted: 4/29/2014 6:06:00 AM EDT
Definitely we should not be having any secret tribunals determining a right. The minutes absolutely should be open to FOIA, and at very least if not FOIA, subject to subpoena for the person appealing. How can you mount a defense if you do not know on what grounds you were rejected?!

I can not see this going any way but our way. It may be a long road however.
Link Posted: 4/29/2014 8:11:53 AM EDT
When we wrote this part of our previous bill, we included the privacy and protections for the individual so media couldn't get access to their personal information. No one ever considered that these dunderheads would not share the denial information with the folks they were denying!
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